HomeMy WebLinkAboutRES 970408-PRESOLUTION NO. 970 Z OLy-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF GEORGETOWN AND CROWN TOWER
ASSOCIATES, LTD., PERTAINING TO THE ENCROACHMENT OF A
PROPOSED LOADING DOCK, PAVED DRIVE AND CURB,
STRUCTURE, AND OUTDOOR SALES AREA INTO THE FIFTEEN (15)
FOOT WIDE BUILDING LINE EASEMENT AND A COINCIDENT
THIRTY (30) FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED ON
THE NORTH PROPERTY LINE OF LOTS 6 AND 7, AND THE SOUTH
PROPERTY LINE OF LOT 8 OF RIVEROAKS RESUBDIVISION,
SECTION TWO, AS RECORDED IN CABINET D, SLIDE 319 AND 320 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND
LOCATED AT 800 SOUTH IH -35; AND ESTABLISHING -.AN EFFECTIVE
DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the building line and public utility easements; and
WHEREAS, in order for a license to be granted by the City Council of the City of
Georgetown, the Council must make certain findings of fact; and
WHEREAS, after hearing the application of Crown Tower Associates, Ltd. to encroach
into the building line and public utility easements, the City Council of the City of Georgetown,
Texas, finds the following facts:
That there are no utilities which would be interfered with by the utilization of the
property in the proposed manner.
2. That there are no utilities which would interfere with the utilization of the
property in the proposed manner.
That the proposed construction of the structure and other improvements on the site
are designed in such a manner that it would not be feasible to locate them outside
the building line and public utility easements.
4. That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not likely to change within the foreseeable future and
is compatible with other uses in the neighborhood; and
Lot 6 and 7, and a portion of Lot 8, Riveroaks Resubdivision, Section Two, Resolution No. g7oyoff
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WHEREAS, the City Council after hearing the application and finding the specific facts
as stated above now concludes and finds that:
1. The fact that the proposed structure and other improvements are in such a manner
that it would not be feasible to relocate them outside the building line and public
utility easements constitutes special circumstances and conditions affecting the
property which if not taken into consideration would deprive the applicant of the
reasonable use of their property.
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not economically feasible to situate the proposed structure and other
improvements that encroach into the building line and public utility easements
does provide a basis for granting the license necessary for the preservation and
enjoyment of the substantial property rights of the applicant.
3. The fact that the use of the easement area by- the property owner does not
interfere with the utilities or access to the utilities and is not detrimental to the
public health, safety_ or welfare or injurious to. the property in the area; and
WHEREAS, the applicant agrees to accept the terms of the license agreement as presented
to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
resolution implements the following policies of the Century Plan - Development Plan Element:
1. Growth and Physical Development Policy 1, which states: "The City will ensure
that future land use patterns provide economic, cultural, and social activities to
all residents, businesses and organizations, and the City's development process
encourages new and infill development;" and
2. Utilities/Energy Policy 2, which states: "The City will establish utility policies
which take into consideration the needs of all citizens of the community and take
necessary precautions to prevent harmful ecological impact to the environment;"
and further finds that the adoption of this resolution is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Policy Plan.
Lot 6 and 7, and a portion of Lot 8, Riveroaks Resubdivision, Section Two, Resolution No.! 70 Y OY'
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SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to
attest thereto on behalf of the City of Georgetown a License Agreement with Crown Tower
Associates, Ltd., pertaining to the encroachment of a proposed structure and other improvements
located on Lots 6 and 7 and a portion of Lot 8 of Riveroaks Resubdivision, Section Two, located
at 800 South IH -35, into the fifteen (15) foot wide building line and thirty (30) foot wide public
utility easements located on the north property line of Lots 6 and 7, and the south property line
of Lot 8.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this S1�% day of , 1997.
ATTEST: THE CITY OF GEORGET WN:
Sandra D. Lee By: LEO WOOD
City Secretary Mayor
/APPROVED AS�TO�FORM:
Marianne Landers Banks
City Attorney
Lot 6 and 7, and a portion of Lot 8, Riveroaks Resubdivision, Section Two, Resolution No. / 7NOF-)o
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EXHIBIT A
RIVEROAKS RESUBDIVISION, SECTION TWO, LOT 6,1 AND 8
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